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Contracts Keyed to Calamari
Hoffman v. Horton
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*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
- Case Doctrines, Acts, Statutes, Amendments and Treatises: Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
The Defendants, Howard P. Horton, his wife and Ralph R. Kaul and his wife (the "Defendants"), were the owners of the "Field Tract". The property was for sale during a foreclosure sale. During the foreclosure sale, the Plaintiff, Hubert N. Hoffman (the "Plaintiff"), made a bid of $177,000, which was accepted by the auctioneer. To signify that the bidding was closed, the auctioneer "struck the palm of his left hand with his right fist." One of the trustees quickly approached the auctioneer and informed him that he missed a bid of $178,000 for the property. The auctioneer re-opened the bidding over the Plaintiff's objections, and the Plaintiff eventually had to pay $194,000 to purchase the property. The Plaintiff eventually paid the entire purchase price under protest and brought this action against the Defendants and the trustees for $17,000, the difference between the two bids in dispute. The trial court ruled against the Plaintiff. The trial court found that the $178,000 bid was made "prior to or simultaneously with" the falling of the auctioneer's fist. As such, the court held the $178,000 bid was made before the $177,000 bid was accepted.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
- Holding: Shares the Court's answer to the legal questions raised in the issue.
- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
- Policy: Identifies the Policy if any that has been established by the case.
- Court Direction: Shares where the Court went from here for this case.